School Board mulls punishment for tech accused of harassment

Published: Wednesday, April 10, 2013 at 9:55 a.m.

Last Modified: Wednesday, April 10, 2013 at 12:08 p.m.

The Marion County School Board on Tuesday tabled a vote that would have supported Superintendent of Schools George Tomyn's decision to suspend a district computer technician accused of sexual harassment.

Instead, the board instructed its attorney to investigate whether it can legally override the district's decision and perhaps fire the employee.

Last month, Tomyn ordered the 20-day unpaid suspension of Charles F. Haseltine based on a report from investigators and administrators who spent hours interviewing all involved. At the time, Haseltine worked at several schools in the district's northern sector.

The investigation started after two teachers at Anthony Elementary School said he gave them an unwanted kiss on the cheek, hugs and tried to massage their shoulders.

Haseltine has since been re-assigned to cover schools in a different geographic sector. He is scheduled to retire next year.

On Tuesday night, School Board member Nancy Stacy questioned the suspension, noting this marks the second time Haseltine had been accused of sexual harassment.

Haseltine received a 10-day suspension without pay in October 2008 for similar incidents at another school. At that time, he was ordered into an anti-sexual harassment training program and moved to Anthony Elementary.

According to the district's report on the Anthony case, Haseltine told district investigator Rose Cohen that it is "quite obvious that I've gone too far and I'll need to tighten up again."

Stacy said that statement alone indicates he knew he was doing wrong. She believes that Haseltine should not get another chance.

"This is a case where we gave an employee enough chances," Stacy said.

School Board Attorney Beverly Morris said the board is in uncharted waters. That's because board policy states the superintendent, not the board, legally hands down discipline for district employees.

Board Chairman Ron Crawford said policy requires the board to weigh in about unpaid suspensions that go beyond five days. Morris is investigating whether the board can change the discipline, or is only allowed to express its view through an up-or-down vote.

If the board eventually supports Tomyn's recommendation, then the district would begin taking 20 days of pay out of his check. He was out of work on paid leave for 27 days while the district investigated, and his pay has not yet been docked.

If the board votes down the suspension, Tomyn could bring the case back to the board with another recommendation, or he could stick to his original decision. However, in the latter scenario, no pay would be docked.

Crawford noted the district must follow strict state and federal guidelines when it comes to discipline. There are also agreed upon protocols in employee contracts negotiated by unions. That's what makes the situation complicated.

Haseltine is represented by the Marion Essential Support Personnel union. President Marie McCormick said she was pleased that Morris recognized the fact "the board had no legal authority to change the superintendent's decision on discipline matters."

The district administration stands by its decision. Lisa Krysalka, the district's executive director of human resources, said a 20-day suspension was "appropriate discipline" after a lengthy investigation.

The issue is expected to be brought back to the April 23 meeting, when Morris is expected to advise the board about its options.

Morris said if the board can — and does — seek termination, the employee would at the very least have the right to due process. If it is determined the board is allowed to intervene, Haseltine would be placed on paid leave and notified that he has 15 days to request a hearing before the board to challenge the decision.

"The standard is clear that actions to hire, fire and discipline employees is up to the superintendent," said Craig Ham, the executive director of the support personnel union.

Contact Joe Callahan at 867-4113 or at joe.callahan@starbanner.com. Follow him on Twitter at JoeOcalaNews.

<p>The Marion County School Board on Tuesday tabled a vote that would have supported Superintendent of Schools George Tomyn's decision to suspend a district computer technician accused of sexual harassment.</p><p>Instead, the board instructed its attorney to investigate whether it can legally override the district's decision and perhaps fire the employee.</p><p>Last month, Tomyn ordered the 20-day unpaid suspension of Charles F. Haseltine based on a report from investigators and administrators who spent hours interviewing all involved. At the time, Haseltine worked at several schools in the district's northern sector.</p><p>The investigation started after two teachers at Anthony Elementary School said he gave them an unwanted kiss on the cheek, hugs and tried to massage their shoulders.</p><p>Haseltine has since been re-assigned to cover schools in a different geographic sector. He is scheduled to retire next year.</p><p>On Tuesday night, School Board member Nancy Stacy questioned the suspension, noting this marks the second time Haseltine had been accused of sexual harassment.</p><p>Haseltine received a 10-day suspension without pay in October 2008 for similar incidents at another school. At that time, he was ordered into an anti-sexual harassment training program and moved to Anthony Elementary.</p><p>According to the district's report on the Anthony case, Haseltine told district investigator Rose Cohen that it is "quite obvious that I've gone too far and I'll need to tighten up again."</p><p>Stacy said that statement alone indicates he knew he was doing wrong. She believes that Haseltine should not get another chance.</p><p>"This is a case where we gave an employee enough chances," Stacy said.</p><p>School Board Attorney Beverly Morris said the board is in uncharted waters. That's because board policy states the superintendent, not the board, legally hands down discipline for district employees.</p><p>Board Chairman Ron Crawford said policy requires the board to weigh in about unpaid suspensions that go beyond five days. Morris is investigating whether the board can change the discipline, or is only allowed to express its view through an up-or-down vote.</p><p>If the board eventually supports Tomyn's recommendation, then the district would begin taking 20 days of pay out of his check. He was out of work on paid leave for 27 days while the district investigated, and his pay has not yet been docked.</p><p>If the board votes down the suspension, Tomyn could bring the case back to the board with another recommendation, or he could stick to his original decision. However, in the latter scenario, no pay would be docked.</p><p>Crawford noted the district must follow strict state and federal guidelines when it comes to discipline. There are also agreed upon protocols in employee contracts negotiated by unions. That's what makes the situation complicated.</p><p>Haseltine is represented by the Marion Essential Support Personnel union. President Marie McCormick said she was pleased that Morris recognized the fact "the board had no legal authority to change the superintendent's decision on discipline matters."</p><p>The district administration stands by its decision. Lisa Krysalka, the district's executive director of human resources, said a 20-day suspension was "appropriate discipline" after a lengthy investigation.</p><p>The issue is expected to be brought back to the April 23 meeting, when Morris is expected to advise the board about its options.</p><p>Morris said if the board can — and does — seek termination, the employee would at the very least have the right to due process. If it is determined the board is allowed to intervene, Haseltine would be placed on paid leave and notified that he has 15 days to request a hearing before the board to challenge the decision.</p><p>"The standard is clear that actions to hire, fire and discipline employees is up to the superintendent," said Craig Ham, the executive director of the support personnel union.</p><p><i>Contact Joe Callahan at 867-4113 or at joe.callahan@starbanner.com. Follow him on Twitter at JoeOcalaNews.</i></p>